help - can he be sacked fairly

[wiltshire]

My bil has been suspended on full pay from the warehouse where he works as something went missing. He was invited to a disciplinary hearing last week, but this was adjourned as the company decided to involve the police and wanted to await their investigation. My bil was 'invited' for an interview by the police who after many hours charged him. Before I tell you more of this story. I truly believe my bil when he says he didn't have anything to do with this. I don't think he is very popular at work as he is a bit abrupt. TCALSS, he has to go to court. What I want to know is, have the company got to keep him employed until the outcome of the court case is decided or can they just sack him. Even if he is found not guilty at a later date. I understand that you can be sacked on suspicion, but need to have this clarified. Can anyone advise on this? It's a really desparate situation for him & his family.

As an amateur lawyer I have just looked this up. Have a look at this

Essentially, the employer does not need proof of misconduct, but does need reasonable grounds for suspicion. However, they must follow procedures correctly and they must have a disciplinary hearing. There have been a number of cases in which employees were caught red-handed, but were still able to claim unfair dismissal because correct procedures had not been followed.

Sorry I can't give you better news really

Wiltshire, so sorry your bil and his family is going through this.

In answer to your question, I'm afraid that the company does not have to await the outcome of any criminal proceedings before completing their own procedures. In an employment tribunal, the employer would have to prove that they had good grounds for believing that he had committed an act of gross misconduct following reasonable investigation by the employers. There are different levels of proof needed to convict someone in the criminal court than that required by an employer to dismiss someone.

I hope the matter is resolved quickly and your bil is does not lose his job or get a criminal record.

sis